Oklahoma based attorney Marilyn Barringer-Thomson is proving to be a giant pain in the tucas for the RIAA. You may remember the case of Debbie Foster, in which Barringer-Thomson beat the RIAA at their own game by making a motion for summary judgment. The RIAA withdrew the case, presumably because they didn't feel that laying their cards on the table was the smartest move at that juncture. The judge in the case allowed the RIAA to withdraw their lawsuit, but ruled that it was "with prejudice", meaning the RIAA is at fault and opening the door for Foster to recover legal fees accrued from her defense.

This time the RIAA tried to run when they saw Barringer-Thompson. The RIAA immediately sought to withdraw from the case. According to Ray Beckerman, who's obviously atop the RIAA's enemy list as well, the RIAA filing to withdraw contains sections in which they ask to withdraw without prejudice, as well as sections in which they ask to withdraw with prejudice.

Obviously for the RIAA, withdrawing without prejudice is preferable. It's more of a tie than an all out loss, plus it keeps them off the hook for the defendant's legal fees. Barringer-Thompson is now fighting the RIAA's motion and asking the judge to allow the dismissal but only with prejudice. The salvos between the two opposing sides are certainly entertaining for the armchair lawyer. If you're the type to go reading PDFs of legal filings, Beckerman has put together a list of documents for your perusal.

[via Recording Industry vs. The People]October 1, 2006, Defendant's Objection to Plaintiffs' Reply*
October 10, 2006, Plaintiffs' Response to Defendant's Objection*
October 24, 2006, Defendant's Reply to Plaintiffs' Response*